1.3 Commission Issuance, the $10,000 Bond & Qualifying at the County Clerk

Approval of an application does not let a person notarize. Under Section 486.615.1 RSMo, a commission "shall not become effective until an oath of office and a ten thousand dollar bond have been presented to the county clerk of the county in which a person has been commissioned." This section walks through what happens between approval and the first lawful notarization.

Step 1: The Secretary Issues the Commission

Under Section 486.620.1, the Secretary prepares the commission and forwards it to the county clerk in the county of the applicant's residence or regular place of work or business. Section 486.600(6) defines "county clerk" to include the clerk of the circuit court in the City of St. Louis, because St. Louis City is not part of any county. The handbook explains that the Secretary then mails the applicant a letter stating where to be sworn in, the commission number, and the dates the commission begins and expires.

When the commission issues, Section 486.620.2 requires the Secretary to:

1. notify the notary to present the required bond to the county clerk;
2. provide an oath, to be taken in the presence of the county clerk or the clerk's designee within sixty days of the commission issue date;
3. require the notary to mail the oath and bond to the Secretary's office with a postmark no more than seven days after the date of the oath; and
4. once the oath and bond are received, examined, and approved, update the notary's commissioned status.

Step 2: Buy the $10,000 Surety Bond

The bond requirements come from Section 486.615.1 and the handbook:

An errors and omissions (E&O) policy does not replace the bond. E&O is optional and protects the notary; the bond protects the public (see Section 5.3).

The surety must report every claim against the bond to the Secretary (Section 486.615.2). If claims exhaust the bond, the Secretary suspends the commission until the notary obtains a new bond and the Secretary decides the notary is fit to serve the rest of the term (Section 486.615.3).

Step 3: Qualify in Person at the County Clerk

The Secretary's FAQ lists what to bring to the clerk's office: the commission letter, the notary bond, a photo ID, and a way to pay the clerk's fee. Each county may charge a fee for administering the oath and recording the commission, and the amount varies from office to office.

At the clerk's office:

1. The applicant appears in person and presents the $10,000 bond.
2. The clerk or a deputy administers the oath of office.
3. The applicant writes a handwritten specimen of the official signature on the oath. It must match the exact name typed on the commission certificate.
4. The clerk presents the notary with the commission certificate, which shows the exact official name, the commission number, the beginning and expiration dates, and the date the Secretary issued it.
5. The notary mails the oath and bond to the Secretary, postmarked within seven days of the oath.

The county clerk keeps a register of each person awarded a commission, in the form the Secretary prescribes (Section 486.620.5).

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Missing the 60-Day Window

If a commission is not qualified within sixty days, the county clerk marks it "not qualified" and returns it to the Secretary within fifteen days (Section 486.620.3). A notary who fails to qualify within the sixty days may be required to reapply (Section 486.620.4); the Secretary's FAQ describes such a commission as cancelled and says the person will need to reapply. Reapplying means a new application, a new $25 fee, and the training and examination again.

Why the Order Matters

Until the oath and bond are presented, the person is not a notary. Someone who knowingly acts as a notary without being one commits a misdemeanor under Section 578.700.4 RSMo (fine up to $500, up to six months in jail, or both). The seal cannot be ordered early either: a registered seal vendor may not provide a seal unless the buyer presents a commission issued by the Secretary (Section 486.735.2).

Exam Scenarios

• Day 58. Omar's commission issued on March 1. He takes the oath on April 27, 57 days after the commission issued and within the 60-day window. He must now mail the oath and bond so the postmark is no later than May 4.
• Approved but not sworn. Kim's employer asks her to notarize a lease the day her approval letter arrives. She must decline; her commission is not effective until she presents the oath and bond to the county clerk.
• St. Louis City resident. Her commission goes to the clerk of the circuit court in the City of St. Louis, which acts as the county clerk under Section 486.600(6).